All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant, including the victim, committed a bicycle procession at the time of the instant case, and committed ordinary attention, such as reducing speed and driving ahead of the bicycle procession, and thus, the Defendant cannot be recognized as the Defendant’s negligence.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the premise that the defendant was negligent, and the court below erred by mistake.

B. The Prosecutor’s sentence of the lower court (five million won in penalty) is too unhued and unreasonable.

2. Determination

A. When a driver of a motor vehicle passes by a bicycle going in the same direction, he/she shall secure a necessary distance to avoid collisions with such bicycle (Article 19(2) of the Road Traffic Act). The purport of the Road Traffic Act, which provides special attention to a motor vehicle driver who passes by a bicycle, is to ensure a necessary distance to avoid collisions with a bicycle, by sufficiently reducing the speed of the motor vehicle, in consideration of the fact that a motor vehicle that drives rapidly than a bicycle and a bicycle collisions with a bicycle, a bicycle driver is likely to suffer a fatal injury or die.

In doing so, the court below stated that the defendant under investigation by the evidence duly admitted by the court below (i.e., the defendant, upon finding the victim's daily activity who operates the bicycle at the time of the instant case, did not go slowly, and (ii) the defendant stated in the court of the court of the court below that "the defendant was aware of the victim's conduct after discovering the bicycle at the time of the instant case," and (iii) the victim's bicycle was driven immediately after the instant case.

E은 원심 법정에 증인으로 출석하여 ‘ 당시 피고인 자동차의 진행속도가 굉장히 빨랐다’ 고 진술한 점, ④ 나아가 피고인이 당시...